Sleep apnea decisions — 2022

The Board has denied the Veteran's claims for service connection for major depressive disorder and obstructive sleep apnea, finding that there is no evidence to support a nexus between these conditions and either service or a service-connected disability.

The Board has granted service connection for degenerative arthritis of the lumbosacral spine and remanded the issue of entitlement to a compensable rating for bilateral hearing loss.

The Board has remanded the Veteran's claims for additional VA examinations and to obtain outstanding VA treatment records. The issues of initial increased ratings for lumbosacral strain, cervical spine strain, limitation of flexion due to right hip trochanteric pain syndrome, limitation of flexion due to left hip trochanteric pain syndrome, impairment of the thigh due to right hip trochanteric pain syndrome, and impairment of the thigh due to left hip trochanteric pain syndrome are remanded. The issue of TDIU is also remanded.

The Veteran's claims for service connection for obstructive sleep apnea, and for increased ratings for his right ankle, elbow, and shoulder disabilities are remanded. The TDIU claim is also remanded.

The claims have been reopened, but further examination and evidence are needed to determine the nature and etiology of various disabilities.

The Board has determined that additional VA examinations are needed to assess the current severity of the Veteran's allergic rhinitis and sinusitis conditions, dermatitis and tinea versicolor (claimed as chronic skin rash), lumbosacral strain with degenerative arthritis and degenerative disc disease, left lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve), and right lower extremity radiculopathy (sciatic nerve).

The Veteran's sleep apnea and pulmonary scarring claims are remanded for additional medical opinions to address the relationship between these conditions and service, as well as any potential secondary service connection due to obesity.

Service connection for OSA is granted. Service connection for left thumb injury and left rib condition are remanded.

The Veteran's appeal for a compensable rating for erectile dysfunction is dismissed. The Board has remanded multiple issues including service connection for hearing loss, tinnitus, sinus disorder, bilateral eye disorder, sleep disorder (including sleep apnea), headache disorder, thyroid disorder, diabetes mellitus, respiratory disorder, back disorder, left knee disorder, right knee disorder, left shoulder disorder, and right shoulder disorder. The Veteran's hypertension appeal is also remanded.

The Veteran's service-connected lumbar spine disability and obstructive sleep apnea do not meet the criteria for a TDIU prior to January 28, 2021.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and opinions regarding the relationship between his disabilities and active service, including right knee total arthroplasty and PTSD with depressive disorder.

The Veteran's claim for an increased rating for lumbosacral strain was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD.

The Board has found that further evidentiary development is needed before the claim for service connection for sleep apnea can be adjudicated. The Veteran's right knee patellofemoral syndrome was rated as 10 percent disabling, effective March 22, 2011.

The Veteran's claim for a disability rating greater than 50 percent for obstructive sleep apnea with asthma has been denied. The current rating of 50 percent is based on the use of a CPAP machine, which does not meet the criteria for higher ratings.

The Veteran's rosacea was granted a rating of 30 percent for the period prior to May 2, 2008.

The Board has granted service connection for sleep apnea, finding that the evidence is in equipoise as to whether the Veteran's sleep apnea began during active service.

The Board has ordered a remand to obtain an examination and opinions regarding the Veteran's sleep apnea, including whether it is related to his service or aggravated by his PTSD. The increased rating for PTSD claim also requires a new VA examination.

The Board has granted service connection for sleep apnea and tonsillitis, finding that the Veteran's symptoms are at least as likely as not related to his military service.

The Veteran's claim for SMC based on the need for aid and attendance/housebound status is remanded due to insufficient explanation of functional impairments attributable solely to service-connected disabilities. The Veteran also has a nonservice-connected condition (Parkinson's disease) that affects his ability to perform daily activities.